Legal Opinion

The Portuguese Prince

District Court, S.D. New York

Decided December 19, 1913PublishedCited by 7 opinions

In Admiralty. Suit by Charles Stoffregen against the Prince Line. Limited, as owner of the steamship Portuguese Prince. The steamship Portuguese Prince arrived at New York with a cargo of coffee in bags from various ports in Brazil on October 12, 1912, and on Monday, October 14th, at 10 o’clock a. m., commenced the discharge of her cargo at pier No. 7, East river, belonging to the New York Dock Company, one of the piers customarily used for coffee ships.

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In Admiralty. Suit by Charles Stoffregen against the Prince Line. Limited, as owner of the steamship Portuguese Prince. The steamship Portuguese Prince arrived at New York with a cargo of coffee in bags from various ports in Brazil on October 12, 1912, and on Monday, October 14th, at 10 o’clock a. m., commenced the discharge of her cargo at pier No. 7, East river, belonging to the New York Dock Company, one of the piers customarily used for coffee ships. In pursuance of instructions from the dock company which represented the libelants and other consignees, and in accordance with established…

1Opinion of the CourtHough, District Judge

(after stating the facts as above). The Boskenna Bay (D. C.) 40 Fed. 91, 6 L. R. A. 172, entitles the respondent to a dismissal of this libel unless the very ingenious argument advanced in respect of the Harter Act shall prevail. By the second *997section of that act it is declared to be unlawful to insert any words in any bill of lading whereby the obligation of the master “to carefully handle and stow cargo and to care for and properly deliver same shall in any wise be lessened, weakened or avoided.”

The language of the bill of lading under consideration has long been familiar to shippers and…

2Cases cited1 opinion

  1. Rolfe v. The Boskenna BayU.S. Circuit Court for the District of Southern New York · 1889

3Cited by7 opinions

  1. Federal Ins. v. American Export Lines, Inc.District Court, S.D. New York · 1953
  2. Davidson v. Flood Bros.Court of Appeals for the Ninth Circuit · 1929
  3. Sun Oil Company Of Pennsylvania v. M/T CarlisleCourt of Appeals for the Third Circuit · 1985
  4. Hoegh Lines v. Green Truck Sales, Inc.Court of Appeals for the Ninth Circuit · 1962
  5. The CarrisoDistrict Court, N.D. California · 1928

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